Common use of Warranty Exclusions and Disclaimer Clause in Contracts

Warranty Exclusions and Disclaimer. Software Warranty. VENDOR warrants that the Software delivered hereunder shall conform to the Functional Specifications set forth in the Scope of Work and will be free of Errors during the Warranty Period. VENDOR shall remedy, at no cost to COUNTY, any such Error reported to VENDOR during the Warranty Period. Notwithstanding the foregoing or any other term or provision of this Agreement, with respect to Third Party Software provided by VENDOR hereunder, VENDOR makes no warranties, but shall, to the extent legally permitted, pass through to COUNTY all warranties provided by the original licensor/manufacturer. Software Warranty Exclusions. The foregoing warranties do not apply to any of the following: Damage arising from any cause beyond VENDOR's reasonable control, including, without limitation, damage due to the improper operation or use of Software by COUNTY, abuse or misuse of Software other than as designed or intended, malfunctions caused by alteration or tampering, or any reason specified in §15.4 (Excusable Delays) of this Agreement. Damage resulting from movement of Software after its initial installation. Malfunction or breakdown of Software due to attachment to, or addition or use of, software not supplied by VENDOR with the Software, or as a result of attachment of the Software to hardware or software by anyone other than VENDOR, or as a result of hardware associated problems. Damage, malfunction, or breakdown of Software due to improper operating environment, including, without limitation, temperature, humidity, dust, or static charge. Destruction or damage, in whole or in part, of Software by any Person other than VENDOR. VENDOR warrants it will provide, at its sole cost, sufficient employees, and all tools, equipment and other materials and resources necessary to meet its obligations under the Agreement Documents.